Bailiffs took my van

[payret12]

Hi,

I have an unpaid parking fine from the local council that i forgot about it until bailiff clamped my van and asked for 425 pounds. Sent Out of time declaration ,clamp removed, but has been refused and bailiffs came back and took my van.

Now, i am a registered self-employed suspended ceiling fitter and i use the van personally for my trade. I dont have another car and i lost my job due to job location and not being able to transport my tools(over 70 kg) ,stepladders and mobile tower to work. My van insurance shows that im the only person entitled to drive the van and i am a fitter -self employed. The van is an ex RAC orange van with stripes on it, with shelves for tools on back.I also have a letter from my contractor showing that the van is vital to my trade. But the bailiff company still refuse to accept that the van is a `tool of trade` witch will be illegal for them to seize.

Paying them around 700 pounds is not an option now as i have no money .

[Saffronflowers]

have you got business insurance and is the van sign written? I think and will search around that you can appeal the SOTD - someone with more knowledge of parking fies will be around soon

 

SFx

[payret12]

insurance is for social,domestic pleasure ans for the business , third party only. There is no sign written on the van except the refectory stripes from the RAC previous owners

[fork-it]

Unless its a custom build van, the bailiff might argue the trader can continue business by renting a van, counter argument is the trader has no money and now out of work and signing on. the bailiff has put his own interests before the taxpayer.

[payret12]

So ...nothing i can do?

[Saffronflowers]

I will highlight this thread to Tomtubby who is the whizz on these things

 

SFx

[seanamarts]

Do you know why they refused you 'out of time'?

[fork-it]

you have nothing to ose other than argue your case to the council for the release of your van, they arent going to spunk hundreds in housing benefit and risk a civil claim against them for unlawful levy. vans are a grey area of whether its tool of trade bailiffs say its allowed others say its not and theres nothing in statute to say otherwise. i do know HMRC bailiffs can take a van because I had a tenant long ago whose bailiff who took a van and got away with it, he said its allowed. he asked me as landlord to sue for traspass , no-can-do. get onto your MP if you face losing your livlihood.

[payret12]

i will send a complain to the council

[seanamarts]

i will send a complain to the council

 

Please make sure you state that without this van you can no longer work therefore will have to live on benefits, as you cannot afford to hire one to carry out your work. This will mean you will come under the vulnerability status of the 'National Standards of Enforcement agents' where the council and bailiffs would have to abide by. Or words to that effect

[payret12]

Council responded that the van is no tool of the trade so i have to pay up.

Also they said they helped me when i sent the `out of time ` form by withdrawn the warrant from bailiff and i could pay only 110 pounds.But no one told me about this until now.So because i didnt pay then , they returned the warrant to the bailiff after 1 month.

If the warrant was withdrawn can i sell the seized goods?

 

Also can i take my tools from the van without to give them the keys?

[payret12]

Ok

Can bailiffs keep the van impounded after the warrant has been withdrawn by the council?

[fork-it]

no, they should return the goods to you.

[tomtubby]

Council responded that the van is no tool of the trade so i have to pay up.

Also they said they helped me when i sent the `out of time ` form by withdrawn the warrant from bailiff and i could pay only 110 pounds.But no one told me about this until now.So because i didnt pay then , they returned the warrant to the bailiff after 1 month.

If the warrant was withdrawn can i sell the seized goods?

 

Also can i take my tools from the van without to give them the keys?

 

This is very confusing. FIRSTLY, when a Out of Time is filed..all enforcement MUST cease in any event. This is provided by section 75 of the Civil Procedure Rules. Therefore the council did NOT help you by "withdrawing the warrant"...they MUST do so by law...

 

HOWEVER....it is VERY IMPORTANT what the reference to them allowing you to pay £110 is. This would APPEAR to confirm that they had accepted the Out of Time. You really do need to get confirmation of this.

 

WHY you did not appeal the rejection by filing an N244. If you had done so......the vehicle would NOT have been taken.